PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           10 OCTOBER 2002                   
	DOCKET NUMBER:   AR2002075883

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

| Mr. Carl W. S. Chun | | Director
| Ms. Gale J. Thomas | | Analyst

  The following members, a quorum, were present:

| Mr. Raymond J. Wagner | | Chairperson
| Mr. Roger W. Able | | Member
| Mr. John T. Meixell | | Member

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his home of record (HOR) be changed to reflect that his permanent address was McColl, South Carolina at the time of his entry into the Army.

3.  The applicant states that his North Carolina birth certificate shows his parent’s residency as South Carolina, and that at the time of his entry into the Army, his driver's license and selective service registration card shows his permanent address as McColl, South Carolina.  Prior to his entry in to the Army he was attending college as an out-of-state student at the University of North Carolina at Greensboro.  

4.  The applicant’s military records show that he enlisted in the US Army Reserve on 11 June 2001, and entered active duty on 21 June 2001.  His DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States) list his current address as Greensboro, North Carolina, and his home of record address as McColl, South Carolina.  However, his DD Form 4/1 (Enlistment/Reenlistment Document) reflects his home of record as Greensboro, North Carolina.

5.  The applicant’s drivers license issued in May 1999, and his selective service registration card issued in June 1999, shows his address as McColl, South Carolina.

6.  At the time of his enlistment in to the Army the applicant was attending the University of North Carolina at Greensboro, and resided on campus at Greensboro, North Carolina.

7.  The applicant was discharged on 22 March 2002.  His DD Form 214 (Certificate of Discharge or Release from Active Duty) lists his mailing address after separation as McColl, South Carolina.

8.  Appropriate regulations provide that the HOR address entered on a contract will be the address declared by the applicant to be the permanent home or actual home at that time.  A temporary address will not be entered.

9.  The Joint Federal Travel Regulation (JFTR) provides, in pertinent part, that the HOR is the place recorded as the home of the individual at the time of enlistment or induction.  There is no authority to change the HOR as officially recorded at time of entry into the military service.  However, there is authority to correct a HOR if erroneously entered on the records at that time and then only for travel and transportation purposes.  Correction of the HOR must be based on evidence that a bona fide error was made and the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service.  It may not be a place selected for the convenience of the soldier.
CONCLUSIONS:

1.  Although there are no provisions to change a HOR, there are provisions to correct a HOR if it can be determined that an error was made at the time the HOR was recorded.  The applicable regulations state that the HOR will be the actual home or permanent home and that a temporary address will not be entered.

2.  It would appear that the applicant’s home of record shown on his enlistment contract when he enlisted in the US Army Reserve was derived from information he provided while in college, a temporary address of a residence hall on the campus of the University of North Carolina at Greensboro.  The evidence of record shows his ties to South Carolina, i.e., drivers license, selective service registration card, his place of separation and his address as listed on his initial record of military processing.  The preponderance of evidence support the applicant’s request.

3.  Consequently, the Board finds it is reasonable to presume that his address in North Carolina at the time of his entry in to the Army was neither a permanent address or his HOR.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the applicant’s HOR at the time of his entry into the Army was McColl, South Carolina, and that his HOR at the time of separation was McColl, South Carolina.

BOARD VOTE:  

__RYW__  __RWA__  __JTM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond J. Wagner____
		        CHAIRPERSON

INDEX

CASE ID | AR2002075883
SUFFIX |
RECON | YYYYMMDD
DATE BOARDED | 20021010
TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE | YYYYMMDD
DISCHARGE AUTHORITY | AR . . . . .
DISCHARGE REASON |
BOARD DECISION | GRANT
REVIEW AUTHORITY |
ISSUES         1. | 112.01
2. |
3. |
4. |
5. |
6. |